ARKANSAS SUPREME COURT
NOT DESIGNATED FOR PUBLICATION
October 2, 2003

ALMER WILLIS WRIGHT

Petitioner

v.

STATE OF ARKANSAS

Respondent

CR 03-121

PRO SE MOTIONS FOR EXTENSION OF TIME TO FILE APPELLANT'S BRIEF [CIRCUIT COURT OF HOT SPRING COUNTY, NO. CR 2000-53-2]

INITIAL MOTION FOR EXTENSION OF TIME GRANTED; SUBSEQUENT MOTION MOOT

Per Curiam

Almer Willis Wright was found guilty by a jury of sexual abuse in the first degree and two counts of rape. An aggregate sentence of thirty years' imprisonment was imposed. The court of appeals affirmed. Wright v. State, CACR 01-472 (Ark. App. December 19, 2001).

Wright subsequently filed in the trial court a timely petition pursuant to Criminal Procedure Rule 37 challenging the judgment. The petition was denied after an evidentiary hearing. An appeal was not perfected, and this court denied petitioner Wright's motion for belated appeal. Wright v. State, CR 02-764 (December 19, 2002) (per curiam).

Wright also filed in the trial court a pro se petition for writ of habeas corpus on a claim of actual innocence pursuant to Act 1780 of 2001, codified as Ark. Code Ann. §16-112-201, et seq. The court denied the petition, and an appeal has been lodged here. Appellant, who is proceeding pro se, now asks in two motions for an extension of time to file the appellant's brief. After the motions were filed, appellant tendered the brief.

The initial motion for extension of time to file the appellant's brief, which was the first such motion filed by appellant in this appeal, is granted. Our clerk is directed to file the tendered brief. As the initial motion has been granted, the subsequent motion is moot.

Initial motion for extension of time granted; subsequent motion moot.

Thornton, J., not participating.